To:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Kevin X. O'Connor, Acting Public Works Director
August 4, 2026 DATE:
SUBJECT: Award of Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc. for Construction Management and Inspection Services for the Bus Shelter Replacement Project
RECOMMENDATION
Staff recommends that the City Council:
1. Award Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc. to provide construction management and inspection services for the Bus Shelter Replacement Project for a not-to-exceed amount of $161,897;
2. Approve a not-to-exceed 15% contingency in the amount of $24,285 for unforeseen conditions or extra work, and authorize the Public Works Director to approve additional work, for a total not-to-exceed amount of $186,182, if needed; and,
3. Authorize the City Manager to execute Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
On September 16, 2025, the City Council approved plans and specifications for the Bus Shelter Replacement Project, Cash Contract 24-08, and authorized staff to advertise the project for construction bids. In the City of Laguna Niguel, 32 bus shelters will serve the active bus routes operated by the Orange County Transportation Authority (OCTA) along Golden Lantern, Moulton Parkway, Crown Valley Parkway, and Alicia Parkway. One additional bus shelter will be installed at the Laguna Niguel/Mission Viejo Metrolink Station to complement the City's Summer Trolley Program, for a total of 33 bus shelters.
A bus shelter location map is provided as Attachment "A." The project includes procurement of the bus shelters, site-specific improvements including foundation and sidewalk concrete improvements, and installation of the 33 bus shelters. The City now seeks professional services to facilitate the construction Page2
management and inspection for this project. Completion of the Bus Shelter Replacement Project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
In October 2025, the City requested proposals from firms on its On-Call List for construction management and inspection services for the Bus Shelter Replacement Project.
In response to the request, the City received proposals from three qualified consultants.
The proposals were evaluated and ranked on the following six categories: understanding of the scope of work, experience with similar work, qualifications of staff, demonstrated technical ability, financial accounting, and schedule control. Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the City and shall not be awarded solely on the basis of cost.
The following table displays the consulting firms and the evaluation ranking for all of the proposals received.
Rank I Consultant
1 2 Onward E
3 Annealta
The top consultant was interviewed by staff, and after a thorough evaluation, it was determined that NV5, Inc. is the most qualified firm to lead this effort. Their expertise and experience with similar bus shelter installation projects within Southern California and large-scale capital improvement projects make them the best equipped consultant to provide these services. The City also received positive reference checks for NV5, lnc.'s past project performance. Staff negotiated a fee with NV5, Inc. to obtain the best overall value for the requested services.
Staff recommends that the City Council approve Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc. in the amount of $161,897 for the Bus Shelter Replacement Project (Attachment "8"). Staff is also recommending that the City Council approve a 15% contingency for any unforeseen circumstances or extra work, in the amount of $24,285, for a total not-to-exceed contract amount of $186,182. The project is expected to begin in winter 2026-2027, with completion estimated by the end of 2027.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 3 to the On-Call Professional • Services Agreement with NV5, Inc. and instead request new proposals from firms on the City's On-Call List. Staff believes that requesting new proposals will not result in more desirable proposals. Additionally, this may create delays to the project schedule.
FISCAL REVIEW
The adopted Capital Improvement Program includes sufficient funding in the Bus Shelter Replacement Project to execute Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and Amendment No. 3 to the On-Call Professional Services Agreement and has approved both documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Award Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc. to provide construction management and inspection services for the Bus Shelter Replacement Project for a not-to-exceed amount of $161,897;
2. Approve a not-to-exceed 15% contingency in the amount of $24,285 for unforeseen conditions or extra work, and authorize the Public Works Director to approve additional work, for a total not-to-exceed amount of $186,182, if needed; and,
3. Authorize the City Manager to execute Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc., subject to the City Attorney making non-substantive changes.
~ t~r!ti~
City Manager
Kevin X. O'Connor
Acting Public Works Director
Marina Haugland
Acting Management Analyst
Attachments:
A. Bus Shelters Location Map
Scott C. Smith
City Attorney
Senior Civil Engineer
B. Amendment No. 3 to the On-Call Professional Services Agreement with NV5, Inc.
ATTACHMENT A
Bus Shelters Location Map
Laguna Niguel Bus ~helter Locations
f 4) Alicia Pkwy - S. Market Place Sout1
p) Alicia Pkwy - N. Market Place Nortj
p) Alicia Pkwy - S. Market Place Nort1
~iguel ~
,r---,----------, C
,;:;
i...... ....... ----,,...---..-----' ~
~,
28) Moulton Pkwy - Aliso Creek Sout
p2) Moulton Pkwy - The Palms SouHt',,...
Regional Park
10) Moulton - Rancho Niguel Sout
26) Crown Valley - Moulton South 23) Crown Valley - Golden Lantern Eas ~
~
ts) Crown Valley - La Paz Souti ~ · ,
'?"
20) Crown Valley - Central Par
er
0'0
G')
0 0'.
:i: ----------. i pt) Crown Valley Park Sout~
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_ _..1111._--t-p9) Crown Valley - Central Park Nort1
el)
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29) Alicia Pkwy - Pacific Island Sout
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Legend
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111 ...).' ____________ ::,
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v' a '------- \'\---.-..... ,...,...--,-__. 3
~ 7) Crown Valley - Niguel Nortjo.°'e
r,/
iguel l ...
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6) Crown Valley - Alicia North
I
El Niguel
Country Club
Salt Creek
Corridor Open
Space
33) Golden Lantern - Via Lade
:: ...
QI
i: co
..J
p4) Golden Lantern - Marina Hills Nort1
I (27) Golden Lantern - Sweet Meadow Nortj
Bus Stops (22) ~ Alternate
Locations ( 6)
17) Golden Lantern - Camino del Avion Nort
0 Joint Bus/Trolley Stop ( 4)
Trolley Stop ( 1)
c::J Laguna Niguel City Border
Saint Anne
School
0 0.25 0.5
N
1 Miles A
ATTACHMENT B
Amendment No. 3 to the On-Call Professional Services
Agreement with, NVS, Inc.
AMENDMENT NO. 3 TO AGREEMENT
FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
NV5, INC.
FOR
BUS SHELTER REPLACEMENT PROJECT, CASH CONTRACT NO. 24-08 THIS AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment No. 3") is made and entered into ______ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and NV5, Inc., a California corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023 to provide on-call professional services with an initial term of 3 years, expiring on June 30, 2026 ("Agreement").
2. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-3.
3. The Parties entered into Amendment No. 2 to the Agreement dated July 28, 2026 in order to· update Exhibit C, "Schedule of Compensation" fees and rates applicable to the Agreement and to extend the term of the Agreement to expire on June 30, 2027, thereby exercising Option Year 1 of two optional one-year term extensions available under the Agreement.
4. City has requested construction management and inspection services for the Bus Shelter Replacement Project, Cash Contract No. 24-08 ("Project") from the Consultant pursuant to the terms of the Agreement.
5. Consultant submitted a written project proposal for the above requested services ("Project Proposal") pursuant to the terms of the Agreement.
6. Consultant has the qualifications and experience to render the requested services.
7. The Parties now desire to enter into Amendment No. 3 to the Agreement for the performance by Consultant of the requested services for the Project, and in order to extend the term of the Agreement to expire on June 30, 2028, thereby exercising Option Year 2 of two optional one-year term extensions available under the Agreement.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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1. Term of Agreement. Pursuant to Section 3.2 of the Agreement, as amended by this Amendment No. 3, the Agreement shall continue in full force and effect until June 30, 2028, unless earlier terminated in accordance with Article 7.
2. Proiect Term~ This Amendment No. 3 shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall continue in full force and effect until June 30, 2028, or completion of services, whichever is first.
3. Consultant Proiect Proposal. The Project Proposal from Consultant, dated October 31, 2025, for this Amendment No. 3 to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project Proposal, and the Agreement or this Amendment No. 3, the terms of the Agreement or this Amendment No. 3, respectively, shall govern. No other terms and conditions from the· Project Proposal, other than description of scope of services or work, shall apply to this Amendment No. 3 or the Agreement, unless specifically agreed to by City in writing.
4. Proiect Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment No. 3, Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit A-3 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
5. Proiect Special Requirements. Additional terms and conditions of this Amendment No. 3, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-3 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-3, and any other provisions of this Amendment No. 3or the Agreement, the provisions of Exhibit B-3 shall govern.
6. Proiect Compensation and Contract Sum. Subject to any limitations set forth in the Agreement and this Amendment No. 3, City agrees to pay Consultant the amounts specified in the "Schedule· of Compensation" attached hereto as Exhibit C-3 and incorporated herein by this . reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Sixty-One Thousand Eight Hundred Ninety-Seven Dollars ($161,897) ("Compensation Sum"), unless additional compensation is approved pursuant to Section 1.5 (Additional Services and Compensation). This Agreement includes a contingency amount equal to Twenty-Four Thousand Two Hundred Eighty-Five Dollars ($24,285) ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Six Thousand One Hundred Eighty Two Dollars ($186,182) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5 of the Agreement (Additional Services and Compensation). The Consultant shall obtain written approval from the City for any use of the Contingency Sum. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-3 to this Amendment No. 3) or the Schedule of On-Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed -2-
necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
7. Project Schedule of Performance. Consultant shall commence services pursuant to this Amendment No. 3 upon receipt of a written notice to proceed pursuant to Exhibit A-3 and shall perform all services within the time period( s) established in the "Schedule of Performance" attached hereto as Exhibit D-3 and incorporated herein by this reference ( and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
8. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-3 and incorporated herein by this reference.
9. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment No. 3is Jeffrey Cooper, Senior Vice President, 949-585- 0477, jeff.cooper@,nv5.com, who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment No. 3 to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment No. 3 for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Amendment No. 3, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
10. Continuing Effect of the Agreement. Except as amended by this Amendment No. 3, and Amendment Nos. 1 and 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3, and Amendment Nos. 1 and 2.
11. Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
12. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
13. Authority. The persons executing this Amendment No. 3 on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said Party, (iii) by so executing this Amendment No. 3, such Party is formally bound to the provisions of this Amendment No. 3, and -3-
(iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to ~hich said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN-WITNESS WHEREOF, the Parties hereto have executed this Amendment No,. 3 on the date and year first-above written.
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA:
Scott C. Smith, City Attorney
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSULTANT:
NV5 Inc., a California corporation
By: ___________ _
Name:
Title:
By: ___________ _
Name:
Title:
Address: ------------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code§ 313.) APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION,OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT A-3
SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant will perform services described in the Project Proposal.
A-3(1)
EXHIBIT B-3
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-3(1)
EXHIBIT C-3
SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.
II. The total compensation for the services provided pursuant to this Amendment shall not exceed the total of the Contract Sum, as provided in Section 5 of this Amendment.
III. Consultant will be compensated for services provided pursuant to this Amendment pursuant to the fees and rates in Exhibit C of the Agreement and in accordance with description in the Project Proposal.
C-3(1)
EXHIBITD-3
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in the Project Proposal, and/or as mutually agreed upon between City and Contractor (refer to Section 2 of this Amendment (Consultant Project Proposal) for conflicts).
D-3(1)
EXHIBIT E-3
PRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Construction Management and Inspection services from Consultant to City for a not to-exceed Aggregate Contract Sum of $330,000.
2. Amendment No. 2 to Agreement, executed on July 28, 2026, exercises Option Year 1 of the Agreement, extending the term to June 30, 2027, and updates the Exhibit C, "Schedule of On-Call Compensation" fees and rates applicable to the Agreement.
E-3(1)